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Do the Liabilities of deceased husband fall on the wife?
25-Aug-2023 (In Civil Law)
Dear Sir, This legal problem relates to my cousin sister. Is she ( a Govt teacher ) liable to clear off hand loans,debts ,promissory made in chit funds created by her deceased husband( a self employed person)?
Yes. Your sister have liability on her husbands loans and the civil liability can not abeted if a person dies. But a criminal liability is abated against the death person and his legal representives..
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Adv. Gangapuram Rajender
Hyderabad | 25+ Answers
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Can a wife be held responsible for husband's debt in India?
A person is usually only responsible for their own debts. If you didnt sign the loan or contract for your spouses debt, then you would usually not be responsible to pay it. 30-Apr-2012
Can a husband be held responsible for his wife's debts?
You cannot be held responsible if you do not have joint finances such as a joint mortgage or bank account. If you marry, you can also change your name. You are not legally obligated to pay for credit agreements that your partner has taken out in your name, even though it will appear on your credit history.
Do I have to repay a loan to someone who has died?
All of a persons assets, including money, possessions, and property, will be included in their estate. The deceaseds debts are also included in their estate. The estate is responsible for paying a debt that the deceased owed someone else. A debt that you owe the deceased is treated in principle as an asset of their estate.
As she claiming his property and other currency acquired/possessed by him. So his liabilities also she has to share. But, as long as all these debts not with her knowledge then she is not legally bound, also note that the deceased husband must not given property as surety.
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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Dear,
Usually a husband or a wife is not responsible for the debts of the deceased spouse but there can be few exceptions like for example if your cousin sister has co-signed or co-guaranteed the debt of her husband after his death, she remains liable to pay off the debts after the death of her husband. Further, if both your cousin sister and her husband signed a note for discharging of the liability jointly, both remain liable for the debt even though the proceeds of the note was enjoyed only by her husband. However, if there is no such agreement or contract between your cousin sister and her husband regarding the discharge of debts by either of them when either of them deceased, your cousin sister is not liable for the debts. Hope this clarifies.
Usually a husband or a wife is not responsible for the debts of the deceased spouse but there can be few exceptions like for example if your cousin sister has co-signed or co-guaranteed the debt of her husband after his death, she remains liable to pay off the debts after the death of her husband. Further, if both your cousin sister and her husband signed a note for discharging of the liability jointly, both remain liable for the debt even though the proceeds of the note was enjoyed only by her husband. However, if there is no such agreement or contract between your cousin sister and her husband regarding the discharge of debts by either of them when either of them deceased, your cousin sister is not liable for the debts. Hope this clarifies.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Unsecured Debt If a person dies before paying back an unsecured loan the lender cant claim the unpaid debts from the surviving spouse or legal heirs. Legal heirs can only be held liable for the lender if they inherit assets or value from the deceased.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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